Suryadeo Sharma vs State Of Bihar And Ors

The matter has been heard via video conferencing.

Heard Mr. N K Agrawal, learned senior counsel along with Mr. Dhananjaya Nath Tiwari, learned counsel for the petitioner and learned AC to SC 4 for the State.

The petitioner has moved the Court for the following reliefs:

"That the present writ application is being filed on behalf of the sole petitioner above named for setting aside the order contained in memo no. 504/Aa. dated 13.05.2020 passed by the Sub-Divisional Officer, East Mahua, by which the PDS licence of the petitioner, bearing Licence No. 08/2016 has been cancelled and further be pleased to restore the licence and supply of the petitioner."

After some arguments, in view of the fact that there is a statutory remedy of appeal against the order impugned before the Collector, Vaishali (respondent no. 2), the Court deemed it appropriate that the petitioner should first approach the said forum.

Learned counsel for the petitioner submitted that the Court may protect the interest of the petitioner so that the appeal which he would file is heard on merits since the statutory period for filing the appeal has now elapsed.

Learned counsel for the State does not oppose.

Having regard to the aforesaid, the writ petition stands disposed off with liberty to the petitioner to move before the respondent no. 2 against the order impugned. If the same is done within four weeks from today, the respondent no. 2 shall hear the appeal on merits and dispose off the same within two months, as prescribed under the statute.

It goes without saying that the petitioner is free to raise all points available to him which shall be duly considered, in accordance with law, by the respondent no. 2, while passing the order.